{ "id": 5572595, "name": "KEVIN GEARY, Plaintiff-Appellant, v. TELULAR CORPORATION, Defendant-Appellee", "name_abbreviation": "Geary v. Telular Corp.", "decision_date": "2003-06-26", "docket_number": "No. 1\u201402\u20140951", "first_page": "694", "last_page": "702", "citations": [ { "type": "official", "cite": "341 Ill. App. 3d 694" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "468 N.E.2d 1162", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "102 Ill. 2d 468", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3156336 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/ill-2d/102/0468-01" ] }, { "cite": "625 N.E.2d 48", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "252 Ill. 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App. 3d 434", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3515949 ], "weight": 2, "year": 1988, "pin_cites": [ { "parenthetical": "Abrams" }, { "page": "440, 442" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/174/0434-01" ] }, { "cite": "582 N.E.2d 196", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1991, "opinion_index": 0 }, { "cite": "221 Ill. App. 3d 440", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5794038 ], "year": 1991, "opinion_index": 0, "case_paths": [ "/ill-app-3d/221/0440-01" ] }, { "cite": "731 N.E.2d 384", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2000, "pin_cites": [ { "parenthetical": "McGrath" } ], "opinion_index": 0 }, { "cite": "314 Ill. App. 3d 431", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 140130 ], "weight": 3, "year": 2000, "pin_cites": [ { "parenthetical": "McGrath" }, { "page": "440" }, { "page": "440-41" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/314/0431-01" ] }, { "cite": "485 N.E.2d 359", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "109 Ill. 2d 65", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3125759 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/ill-2d/109/0065-01" ] }, { "cite": "706 N.E.2d 491", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1998, "opinion_index": 0 }, { "cite": "185 Ill. 2d 372", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 122021 ], "year": 1998, "opinion_index": 0, "case_paths": [ "/ill-2d/185/0372-01" ] }, { "cite": "421 N.E.2d 876", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "pin_cites": [ { "parenthetical": "Palmateer" } ], "opinion_index": 0 }, { "cite": "85 Ill. 2d 124", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5469094 ], "weight": 3, "year": 1981, "pin_cites": [ { "parenthetical": "Palmateer" }, { "page": "130" }, { "page": "130" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/85/0124-01" ] }, { "cite": "384 N.E.2d 353", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "74 Ill. 2d 172", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2994390 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/ill-2d/74/0172-01" ] }, { "cite": "638 N.E.2d 351", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "pin_cites": [ { "parenthetical": "Paris" } ], "opinion_index": 0 }, { "cite": "265 Ill. App. 3d 383", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 872593 ], "weight": 2, "year": 1994, "pin_cites": [ { "parenthetical": "Paris" }, { "page": "385" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/265/0383-01" ] }, { "cite": "231 F.3d 1066", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 11182510 ], "year": 2000, "pin_cites": [ { "page": "1070", "parenthetical": "Houben" } ], "opinion_index": 0, "case_paths": [ "/f3d/231/1066-01" ] }, { "cite": "720 N.E.2d 343", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1999, "opinion_index": 0 }, { "cite": "308 Ill. App. 3d 494", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 261344 ], "year": 1999, "opinion_index": 0, "case_paths": [ "/ill-app-3d/308/0494-01" ] }, { "cite": "601 N.E.2d 286", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "opinion_index": 0 }, { "cite": "235 Ill. App. 3d 790", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5784998 ], "year": 1992, "opinion_index": 0, "case_paths": [ "/ill-app-3d/235/0790-01" ] }, { "cite": "972 F. Supp. 444", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 296303 ], "weight": 3, "year": 1997, "pin_cites": [ { "parenthetical": "Schoppert" }, { "page": "447" }, { "page": "447" } ], "opinion_index": 0, "case_paths": [ "/f-supp/972/0444-01" ] }, { "cite": "432 N.E.2d 1309", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1982, "opinion_index": 0 }, { "cite": "104 Ill. App. 3d 675", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5476459 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/ill-app-3d/104/0675-01" ] }, { "cite": "469 N.E.2d 608", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1984, "pin_cites": [ { "parenthetical": "Wyatt" } ], "opinion_index": 0 }, { "cite": "127 Ill. App. 3d 716", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3562553 ], "weight": 2, "year": 1984, "pin_cites": [ { "parenthetical": "Wyatt" }, { "page": "720" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/127/0716-01" ] }, { "cite": "502 N.E.2d 1312", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1987, "opinion_index": 0 }, { "cite": "151 Ill. App. 3d 710", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3539713 ], "year": 1987, "opinion_index": 0, "case_paths": [ "/ill-app-3d/151/0710-01" ] }, { "cite": "614 N.E.2d 358", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "opinion_index": 0 }, { "cite": "244 Ill. App. 3d 278", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5100000 ], "year": 1993, "opinion_index": 0, "case_paths": [ "/ill-app-3d/244/0278-01" ] }, { "cite": "560 N.E.2d 586", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "opinion_index": 0 }, { "cite": "137 Ill. 2d 284", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3251657 ], "year": 1990, "opinion_index": 0, "case_paths": [ "/ill-2d/137/0284-01" ] }, { "cite": "607 N.E.2d 1204", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "pin_cites": [ { "parenthetical": "Outboard Marine" } ], "opinion_index": 0 }, { "cite": "154 Ill. 2d 90", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4820940 ], "weight": 2, "year": 1992, "pin_cites": [ { "parenthetical": "Outboard Marine" }, { "page": "102" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/154/0090-01" ] } ], "analysis": { "cardinality": 857, "char_count": 19084, "ocr_confidence": 0.775, "pagerank": { "raw": 2.3011582924201694e-07, "percentile": 0.7873982228307519 }, "sha256": "3311f3dd0b92e3d5f6d764b35ca7a34dfba6234eec06b01eec95ebdf69750a48", "simhash": "1:426818c6cff785ae", "word_count": 3028 }, "last_updated": "2023-07-14T21:38:13.673521+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "KEVIN GEARY, Plaintiff-Appellant, v. TELULAR CORPORATION, Defendant-Appellee." ], "opinions": [ { "text": "JUSTICE HARTMAN\ndelivered the opinion of the court:\nPlaintiff Kevin Geary brought a declaratory judgment action against his former employer, defendant Telular Corporation. Count I alleged that defendant breached an agreement to pay plaintiff commissions by modifying plaintiffs commission plan. Count II alleged that defendant breached the modified commission plan. In count III, plaintiff alleged retaliatory discharge claiming that defendant terminated him because he asserted his rights under, inter alia, the Illinois Wage Payment and Collections Act (the Act) (820 ILCS 115/1 et seq. (West 2000)). Count IV\u00a1 which named Motorola, Inc. (Motorola), as a respondent in discovery, was nonsuited on August 5, 1999.\nPlaintiff was employed as a regional sales manager by defendant in October 1993. Plaintiff signed an employment agreement on May 3, 1994, which stated that his employment was at will. In March 1995, plaintiff was assigned to the \u201cMotorola Account Team.\u201d In March 1995 plaintiff was informed that his commissions were to be \u201cpaid on a monthly basis for product shipped to Motorola at a rate of .3% based on revenue generated.\u201d (Emphasis in original.) On September 6, 1995, plaintiffs compensation plan provided for monthly commissions equal to .5% \u201cof all Motorola revenues generated by the Motorola Account Team.\u201d\nThe Motorola Account Team, including plaintiff, was working to have defendant selected as Motorola\u2019s supplier of fixed wireless terminals (FWTs) to Motorola\u2019s customer in Hungary. This was referred to as the Motorola-Hungary project. On September 29, 1995, Motorola awarded defendant the contract for the supply of FWTs for Motorola-Hungary. The award stated that it was contingent on defendant\u2019s ability to do certain things. John Schoen, a Motorola executive, testified by deposition that the September 29, 1995, document was an offer of an award to which a counteroffer was made by defendant. He further stated that negotiations continued between the parties until March 7, 1996, when the parties entered into a purchase order.\nDefendant underwent a reorganization in late 1995 and early 1996. All members of the Motorola Account Team except for plaintiff were terminated. On February 29, 1996, as part of the reorganization, plaintiff was promoted to the position of director of business development-Motorola. On April 12, 1996, defendant informed plaintiff that his compensation plan in the new position would consist of a base salary of $65,000 and a quarterly commission based on a percentage of a target plan rather than a percentage of revenues generated. Plaintiff verbally objected to the change. Plaintiff received payments of $6,000 each in July and November 1996 under the new plan.\nKenneth E. Millard, president of defendant, testified by deposition that when the April 1996 plan was introduced, plaintiff was told that he would not get commissions based on the old plan. Everyone, including plaintiff, had been paid commissions earned up until that point and was then put on the new plan going forward. Millard explained that as part of the April 1996 plan, plaintiff was given a guaranteed minimum commission of $6,000 for the first few quarters in recognition of his prior work on the Motorola account. Plaintiff was the only employee given the guaranteed minimum commission.\nPlaintiff was fired on February 12, 1997.\nDefendant successfully moved for summary judgment on counts I and III. Plaintiff unsuccessfully moved for reconsideration with regard to count I. Plaintiff appeals both the grant of summary judgment on counts I and III and the denial of his motion to reconsider with regard to count I.\nSummary judgment will be granted when the pleadings, depositions, exhibits, and affidavits on file reveal no genuine issue as to any material fact and establish that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 \u2014 1005 (West 2000); Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 607 N.E.2d 1204 (1992) (Outboard Marine). All evidence must be construed in the light most favorable to the nonmoving party and most strictly against the moving party. Gatlin v. Ruder, 137 Ill. 2d 284, 560 N.E.2d 586 (1990). Appellate review of orders granting summary judgment is de novo (Outboard Marine, 154 Ill. 2d at 102), and such an order will be reversed only if a material issue of fact is found to exist. Finn v. Dominick\u2019s Finer Foods, Inc., 244 Ill. App. 3d 278, 614 N.E.2d 358 (1993).\nI\nPlaintiff first contends that the circuit court erred in granting summary judgment in favor of defendant on count I. Defendant responds that summary judgment properly was granted because plaintiff, an at-will employee, accepted the modified compensation plan when he continued to work and receive commissions under the April 1996 plan.\nWhen an employment agreement is terminable at will, it may be modified by the employer as a condition of its continuance. Ohlemeier v. Community Consolidated School District No. 90, 151 Ill. App. 3d 710, 502 N.E.2d 1312 (1987); Wyatt v. Dishong, 127 Ill. App. 3d 716, 469 N.E.2d 608 (1984) (Wyatt); Garber v. Harris Trust & Savings Bank, 104 Ill. App. 3d 675, 432 N.E.2d 1309 (1982). This right to modify unilaterally at-will employment terms applies to modifying compensation terms. Wyatt, 127 Ill. App. 3d at 720. When an at-will employee continues to work after a change in commission plan, he is deemed to have accepted the change. Schoppert v. CCTC International, Inc., 972 F. Supp. 444 (N.D. Ill. 1997) (Schoppert).\nIn Schoppert, plaintiff, an at-will employee, alleged that his employer unilaterally modified his compensation plan once in 1991 and again in 1994. With regard to the 1991 modification, the employer held a meeting and announced that the commission structure would change. Plaintiff objected and was told that was the plan. Despite subsequent verbal objections, plaintiff continued to work after the change in commission structure. The court found that plaintiff\u2019s \u201ccontinuing to work over two and one half years while receiving commissions under the new structure must be seen in legal terms as an acceptance of the 1991 modification, grudging and protest-filled as that acceptance may have been.\u201d Schoppert, 972 F. Supp. at 447.\nPlaintiff argues that the present case is more akin to the second modification (1994 modification) in Schoppert, on which summary judgment was not granted. The court found a question of fact regarding plaintiff\u2019s acceptance of the 1994 modification where it was proposed via letters which sought plaintiffs signature as evidence of acceptance and plaintiff never signed the letters. Moreover, even though the 1994 modification was proposed in July 1994, the employer continued to operate under the former plan until March 1995 and continued to negotiate with plaintiff until January 1996. Such facts simply are not present in the case at bar.\nIt is undisputed that plaintiff was an at-will employee. It is further undisputed that plaintiff continued to work for defendant for nine months after the April 1996 modification to his commission plan. Moreover, plaintiff accepted commissions paid under the new plan.\nPlaintiff does not dispute defendant\u2019s right to make prospective changes to plaintiffs compensation plan. Rather, plaintiff argues that when defendant unilaterally changed plaintiffs compensation plan in April 1996, the commissions on the Motorola-Hungary project already were earned. Plaintiff concedes that pursuant to all the compensation plans, the commissions were payable when the product shipped as long as he was employed by defendant, but he argues that they were earned when the buyer \u201cagreed to purchase,\u201d here September 29, 1995, when Motorola awarded defendant the contract to supply FWTs for the Motorola-Hungary project. Plaintiff claims, therefore, that he was entitled to commissions for any product that shipped to Motorola-Hungary between September 29, 1995, and February 12, 1997, when he was terminated.\nThe record establishes that the sale was not complete on September 29, 1995. The September 29, 1995, award indicated that it was contingent on defendant\u2019s ability to do several things. John Schoen, a Motorola executive, testified by deposition that the September 29 document was not a contract, but an offer of an award to which defendant presented a counteroffer. He further stated that negotiations continued between defendant and Motorola from September 29, 1995, until at least March 7, 1996, when Motorola presented an initial purchase order.\nDefendant responds that plaintiffs commissions were not tied to the completion of sales discussions or to a commitment to purchase. Rather, per the written compensation plans, commissions were not earned until the product was shipped. The March 1995 plan stated that commissions would be \u201cpaid on a monthly basis for product shipped to Motorola at a rate of .3% based on revenue generated.\u201d (Emphasis in original.) The September 6, 1995, plan increased the rate to .5%. Millard, president of defendant, testified by deposition that sales meant product shipped. If product did not ship, an employee was not entitled to any commission.\nIn support of his position regarding when commissions were earned, plaintiff presents only his affidavit, which states \u201cthat my understanding of [defendant\u2019s] use of the term \u2018revenue generated\u2019 is that it means the agreement or commitment by Motorola to purchase FWTs from [defendant].\u201d Plaintiff further averred \u201cthat in practice, commissions were earned upon customer commitment and paid upon shipment.\u201d Affidavits offered in opposition to a motion for summary judgment must not contain conclusions, but evidentiary facts to which the affiant is capable of testifying. Webber v. Armstrong World Industries, Inc., 235 Ill. App. 3d 790, 601 N.E.2d 286 (1992). Unsupported assertions, opinions, and self-serving or conclusory statements do not comply with Supreme Court Rule 191(a) (145 Ill. 2d R. 191(a)). Jones v. Dettro, 308 Ill. App. 3d 494, 720 N.E.2d 343 (1999).\nThere is no issue of fact that commissions were earned when product shipped. The question then is whether or not any product shipped to Motorola prior to the April 1996 change in plaintiffs commission plan. Plaintiff cites the Seventh Circuit\u2019s statement in the fact section of its opinion in Houben v. Telular Corp., 231 F.3d 1066, 1070 (7th Cir. 2000) (Houben), that defendant \u201ceventually shipped $8,586 million of product to Motorola in 1996 and $21,190 million in 1997.\u201d Houben does not specify when in 1996 shipments were made. Moreover, plaintiff admits in his response to defendant\u2019s motion for summary judgment that product shipped incident to the Motorola-Hungary project from May 1996 through the middle of 1997.\nBecause no product had shipped prior to the April 1996 change in plaintiff\u2019s compensation plan, no commission on the Motorola-Hungary account had been earned under the old plan when the plan changed. Millard testified by deposition that, when the new plan was introduced everyone, including plaintiff, was paid for any commissions that had been earned up until that point and was then put on the new plan going forward. He further stated that plaintiff was given a guaranteed minimum commission of $6,000 per quarter for the first few quarters under the new plan in recognition for his prior work on the Motorola account. It is undisputed that plaintiff accepted these guaranteed minimum commission payments.\nDefendant had the right to change unilaterally plaintiff\u2019s compensation plan because plaintiff was an employee at will. Plaintiff accepted the April 1996 modifications to the compensation plan when he accepted payment of commissions under the April 1996 plan and continued employment. See Schoppert, 972 F. Supp. at 447. The circuit court did not err in granting summary judgment in favor of defendant on count I.\nII\nPlaintiff next contends that the circuit court erred in granting summary judgment in favor of defendant on count III, which alleged retaliatory discharge as a result of plaintiffs alleged demands for payment of commissions under the Act.\nThe tort of retaliatory discharge is a limited and narrow exception to the general rule that an at-will employee is terminable at any time for any or no cause. Paris v. Cherry Payment Systems, Inc., 265 Ill. App. 3d 383, 638 N.E.2d 351 (1994) (Paris). A valid claim for retaliatory discharge requires a showing that an employee has been (1) discharged; (2) in retaliation for the employee\u2019s activities; and (3) that the discharge violates a clearly mandated pubhc policy. Paris, 265 Ill. App. 3d at 385. Illinois courts have applied the tort of retaliatory discharge in only two situations: (1) where the discharge stems from asserting a worker\u2019s compensation claim (Kelsay v. Motorola, Inc., 74 Ill. 2d 172, 384 N.E.2d 353 (1978)) and (2) where the discharge is for certain activities referred to as \u201cwhistle-blowing\u201d (Palmateer v. International Harvester Co., 85 Ill. 2d 124, 421 N.E.2d 876 (1981) (Palmateer)). Jacobson v. Knepper & Moga, P.C., 185 Ill. 2d 372, 706 N.E.2d 491 (1998). Other than these two circumstances, however, Illinois courts consistently have refused to expand the tort to encompass a private and individual grievance. See Price v. Carmack Datsun, Inc., 109 Ill. 2d 65, 485 N.E.2d 359 (1985); McGrath v. CCC Information Services, Inc., 314 Ill. App. 3d 431, 731 N.E.2d 384 (2000) (McGrath)-, Eisenbach v. Esformes, 221 Ill. App. 3d 440, 582 N.E.2d 196 (1991); Abrams v. Echlin Corp., 174 Ill. App. 3d 434, 528 N.E.2d 429 (1988) (Abrams). The supreme court repeatedly has emphasized the goal of restricting the tort of retaliatory discharge. See Fisher v. Lexington Health Care, Inc., 188 Ill. 2d 455, 467, 722 N.E.2d 1115 (1999) (Fisher) (noting that the court \u201chas consistently sought to restrict the common law tort of retaliatory discharge\u201d); Zimmerman v. Buchheit of Sparta, Inc., 164 Ill. 2d 29, 37-38, 645 N.E.2d 877 (1994) (Zimmerman) (noting that the supreme court has \u201cexpressed its disinclination to expand the tort of retaliatory discharge\u201d). There is no precise definition of what constitutes a clearly mandated public policy. In general, public policy concerns what is right and just and what affects the citizens of the state collectively. Palmateer, 85 Ill. 2d at 130. Merely citing a constitutional or statutory provision in a complaint will not give rise to a retaliatory discharge cause of action. McGrath, 314 Ill. App. 3d at 440. In order to constitute a clearly mandated pubhc policy exception justifying application of the tort of retaliatory discharge, the matter \u201cmust strike at the heart of a citizen\u2019s social rights, duties, and responsibilities.\u2019\u2019 Palmateer, 85 Ill. 2d at 130.\nIllinois courts have on several occasions refused to expand the tort of retaliatory discharge to claims under the Act, finding that a discharge allegedly in retaliation for complaints about unpaid wages under the Act does not violate a clearly mandated pubhc policy. McGrath, 314 Ill. App. 3d at 440-41; Abrams, 174 Ill. App. 3d at 440, 442. In McGrath, the court noted that the policy concerns underlying the Act are economic. The dispute over plaintiffs conditional stock options and calculation of a bonus was economic in nature and did not \u201cstrike at the heart\u201d of plaintiffs social rights, duties, and responsibilities. Plaintiff\u2019s claim was more in the nature of a private and individual grievance insufficient to justify a claim of retaliatory discharge.\nPlaintiff admits in his brief that if McGrath is followed, summary judgment properly was granted in favor of defendant. Plaintiff argues, however, that the facts of this case support an exception to the McGrath rule. According to plaintiff, the evidence in this case, combined with the facts of Houben, raises a genuine issue of material fact regarding the existence of a pattern of behavior by defendant of wrongfully terminating employees once they had produced the desired results, but prior to paying them commissions. Such behavior, plaintiff argues, would strike sufficiently at \u201cthe heart of the citizen\u2019s social rights, duties, and responsibilities\u201d to make the actions of defendant a violation of a clearly mandated public policy.\nThe record is devoid of any evidence of such a pattern of behavior. Moreover, plaintiff did not plead such a pattern of behavior in his complaint. The supreme court\u2019s stated reluctance to expand the tort of retaliatory discharge militates against creating such an exception to the McGrath rule. See Fisher, 188 Ill. 2d at 467; Zimmerman, 164 in. 2d at 37-38.\nIn granting summary judgment, the circuit court stated \u201ccase law holds that it is against the public policy of Illinois to discharge an employee for asserting his right to wages due under the [Act]. However, there is no persuasive evidence before the court that plaintiff was discharged in retaliation for asserting his rights to alleged commission due to him.\u201d As discussed above, Illinois law ineluctably holds that a discharge allegedly in retaliation for complaints of unpaid wages under the Act does not violate a \u201cclearly mandated public policy.\u201d The appellate court may affirm the grant of summary judgment for any reason that appears in the record, regardless of whether that reason is the reason relied upon by the circuit court. Leavitt v. Farwell Tower Ltd. Partnership, 252 Ill. App. 3d 260, 625 N.E.2d 48 (1993). Because there is no genuine issue of material fact regarding whether plaintiffs discharge violated a \u201cclearly mandated public policy,\u201d summary judgment properly was granted in favor of defendant.\nAccordingly, for the reasons set forth above, the judgment of the circuit court of Cook County is affirmed.\nAffirmed.\nTHEIS, EJ, and KARNEZIS, J, concur.\nPlaintiff points to an undated memo from his boss Ray O\u2019Leary proposing a solution to the Motorola-Hungary commission issue as evidence of his continued objections to the April 1996 plan. This memo is contained only in the appendix to plaintiff\u2019s brief and is not part of the record on appeal. Therefore, it cannot be considered by this court. Jenkins v. Wu, 102 Ill. 2d 468, 468 N.E.2d 1162 (1984).\nThe circuit court denied defendant\u2019s request for summary judgment on count II. Following a jury trial on count II, judgment was entered in favor of plaintiff and against defendant in the amount of $25,000. That judgment has been fully paid and is not part of this appeal.\nHouben involved the claims of Susan Cooper Houben, the original head of the Motorola-Hungary account team who was fired during the reorganization, for commissions she claimed she earned while working for defendant.", "type": "majority", "author": "JUSTICE HARTMAN" } ], "attorneys": [ "Galliani, Doell & Cozzi, Ltd., of Chicago (Thomas J. Doell, of counsel), for appellant.", "Much, Shelist, Freed, Denenberg, Ament & Rubenstein, EC., of Chicago (Dawn M. Cassie, of counsel), for appellee." ], "corrections": "", "head_matter": "KEVIN GEARY, Plaintiff-Appellant, v. TELULAR CORPORATION, Defendant-Appellee.\nFirst District (4th Division)\nNo. 1 \u2014 02\u20140951\nOpinion filed June 26, 2003.\nRehearing denied July 28, 2003.\nGalliani, Doell & Cozzi, Ltd., of Chicago (Thomas J. Doell, of counsel), for appellant.\nMuch, Shelist, Freed, Denenberg, Ament & Rubenstein, EC., of Chicago (Dawn M. Cassie, of counsel), for appellee." }, "file_name": "0694-01", "first_page_order": 712, "last_page_order": 720 }